Court Orders Kentucky Mine Operator to Abandon Lawsuit

A Kentucky coal company must withdraw a lawsuit it filed against a former worker who complained he was discriminated against, an administrative court in Washington has ruled.

Armstrong Coal filed a lawsuit in Muhlenberg County in August against Reuben Shemwell, who was fired from the company's Parkway Mine in 2011.

Shemwell had already taken his own legal action against the company by filing a federal discrimination complaint, arguing that he was let go for complaining about safety hazards. The U.S. Mine Safety and Health Administration has said Armstrong Coal's suit violated the section of a federal law designed to protect miners who file discrimination complaints.

The company accused Shemwell of wrongfully using civil proceedings, and said Shemwell was terminated for using his phone too much on the job.

The Federal Mine Safety and Health Review Commission, the administrative court, ruled Wednesday that Armstrong must move to have its suit dismissed within 40 days.

An attorney for Armstrong Coal did not return a message seeking comment on Friday. The mining company has several surface and underground mines in western Kentucky.

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The Henderson Gleaner reports that United Mine Workers of America President Cecil Roberts was one of 14 people arrested at Tuesday's rally in Henderson featuring current and former coal miners.

The group was arrested after staging a sit-down in the middle of the intersection at First and Main Streets following the 90 minute rally at the Henderson County courthouse.

The Gleaner estimates a crowd of around 2,000 showed up for the rally against recent actions by Patriot Coal Corp. Patriot announced it was cutting pension payments to thousands of retirees, something upheld last week by a federal bankruptcy judge.

Miners and their supporters accuse Patriot's parents companies, Peabody Energy Corp., and Arch Coal, of spinning off Patriot and shifting the pension packages of former workers to the new company, knowing it would eventually go bust.

The U.S. Department of Labor has announced a $5.2 million grant for out-of-work coal miners in eastern Kentucky.

The grant will fund re-employment services for miners who have been laid off. A statement from the Labor Department Monday says the funding will also help spouses of coal miners in the region who are looking to re-enter the workforce.

This grant was awarded to the Eastern Kentucky Concentrated Employment Program. The program will train out-of-work miners and spouses to work in other industries in the region including business services, construction and health care.